At their regular meeting on December 12, 2018, The State Water Control Board voted 4-3 to initiate the formal hearing process to consider revoking the 401 Certification for the Mountain Valley Pipeline. See Roanoke Times coverage here.
Please recall that when Northam removed the two members of the Air Control Board who had questioned the air permit for the Union Hill compressor station, he also removed two Water Control Board members who had questioned water permit certification for the pipelines. One of Northam’s new appointments to the Water Board, James Lofton, made the motion to reconsider the MVP certification in response to extensive public comment regarding ongoing MVP damage, and members Nissa Dean, Paula Jasinki (also new), and Robert Wayland joined him in voting to reconsider. Voting against reconsideration were Heather Wood, Lou Ann Wallace and Tim Hayes.
Although the MVP’s nationwide permit was revoked months ago, the Department of Environmental Quality took no action to shut down pipeline construction. Just a week ago, Attorney General Mark Herring filed suit against MVP for their repeated environmental violations – hundreds of violations.
Writing in an op-ed in a Virginia Mercury article published earlier in the day, Roberta Kellum, one of the Water Board members Northam removed, wrote of Herring’s suit that “After reading the complaint, there should be no doubt about the validity of the concerns raised by the public about water quality impacts from fracked gas pipeline construction projects and the associated water quality certifications issued by the State Water Control Board. What the complaint doesn’t tell us, however, is how the DEQ allowed so many violations to occur unabated, for months and months, or how major erosion and sediment control structures failed in spite of pre-approved plans.” She adds, “And why, in the face of so many systemic failures in complying with the water quality certification, didn’t DEQ issue a stop work order to ensure that violations were addressed to prevent any degradation of water quality? Having faced a justifiably irate and frustrated public repeatedly as a State Water Control Board member over the past two years, I hope Gov. Northam will finally appreciate the validity of public concerns for the waters of the commonwealth.”
Yes, indeed, it is certainly time for the State Water Control Board to reconsider their certification of the disastrous Mountain Valley Pipeline. Our thanks to the Board members who voted to do so.